(DOWNLOAD) "Springer v. Bank of Douglas" by Arizona Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Springer v. Bank of Douglas
- Author : Arizona Supreme Court
- Release Date : January 25, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
One of the material issues presented by the pleadings was whether the note was secured by a mortgage on partnership assets. The allegation in the answer that the security was given was sworn to by Springer. In support of the motion for summary judgment, an official of the bank submitted an affidavit that no such mortgage was executed. Sworn statement against sworn statement, each equally specific, creates a genuine issue of fact for trial. The bank contends that Springer should have filed a counter affidavit controverting the bank officials affidavit. All Springer could have done was to reiterate under oath a statement he had already made under oath. No such repetition should be necessary. This issue should be tried. If the mortgage existed, Springer would be entitled to have the assets covered thereby applied toward the satisfaction of the partnership debt before judgment goes against him personally. Springer likewise alleged under oath that the bank had negligently contributed to the impairment of the security. This fact is not controverted by affidavit. It also was a material issue for trial. The court erred in granting plaintiffs motion for summary judgment on the issues framed by the complaint and answer.
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